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HomeMy WebLinkAbout2000-108-08/15/2000-AUTHORIZING THE MAYOR TO EXECUTE AN IGA WITH CDOT REGARDING RESPONSIBILITIES FOR THE ROUNDABOUT AT T RESOLUTION 2000-108 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION REGARDING RESPONSIBILITIES FOR THE ROUNDABOUT AT THE INTERSECTION OF STATE HIGHWAY 14 AND LEMAY AVENUE WHEREAS, on January 18, 2000, the City Council adopted Resolution 2000-21 directing the staff to move forward with the construction of a roundabout at the intersection of State Highway 14 (Mulberry Street) and Lemay Avenue (hereinafter referred to as the "Intersection"); and WHEREAS, traffic flowing through the Intersection consists of various types and sizes of vehicles, particularly large trucks, and is presently controlled by traditional traffic signals; and WHEREAS, an Intersection Alternative Analysis conducted by internationally respected professional engineers regarding this Intersection confirmed that the existing signals impose frustrating delays for motorists and are sometimes ignored by them; and WHEREAS, the Intersection Alternative Analysis indicated that a multilane modern roundabout would alleviate traffic congestion and enhance safety at the Intersection in lieu of traditional intersection improvements (that would introduce additional auxiliary lanes); and WHEREAS, notwithstanding the findings of the Intersection Alternative Analysis,the City and the Colorado Department of Transportation ("CDOT") recognize that the establishment of a roundabout to serve a relatively high volume of traffic at the Intersection poses certain risks, including the risk of accidents,the risk of public rejection of the roundabout,and the risk of potential failure to maintain at least a Level of Service "D" (for which the definition is established by the American Association of State Highway and Transportation Officials) over the 20-year design life of the improvements; and WHEREAS, on June 9, 2000, CDOT gave its approval of the roundabout contingent upon the City and CDOT entering into an intergovernmental agreement regarding the operation and maintenance of the Intersection; and WHEREAS,the City Council has determined that it is in the best interests of the citizens of the City enter into an intergovernmental agreement with CDOT regarding the responsibilities for the roundabout at the Intersection. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor be and hereby is authorized to execute an intergovernmental agreement between the City and CDOT regarding responsibilities for the roundabout at the Intersection of State Highway 14 and Lemay Avenue, in substantially the form attached hereto as Exhibit "A," subject to such modifications in form or substance as the City Manager, in consultation with the City Attorney,may deem necessary to effectuate the purposes of this Ordinance or to protect the interests of the City. r-. Passed and adopted at a regular meeting of the City Council held this 15th of August, A.D. 2000. Mayor ATTEST: City Clerk EXHIBIT "A" INTERGOVERNMENTAL AGREEMENT O1 HA4 00008 THIS INTERGOVERNMENTAL AGREEMENT, made this day of 2000, by and between the State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION, 4201 E. Arkansas Ave., Denver, CO 80222, hereinafter referred to as the State or CDOT, and the CITY OF FORT COLLINS, P. O. Box 580, Ft. Collins, CO, 80522, hereinafter referred to as the "City". WHEREAS, there exists in the City an intersection of State Highway 14, which is also known in the City as Mulberry Street, and Lemay Avenue (hereinafter referred to as the "Intersection"); and WHEREAS,traffic flowing through the Intersection consists of various types and sizes of vehicles, particularly large trucks, and is presently controlled by traditional traffic signals-, and WHEREAS, the Intersection Alternative Analysis discovered that a multilane modern roundabout would alleviate traffic congestion and enhance safety at the Intersection in lieu of traditional intersection improvements (that would introduce additional auxiliary lanes); and WHEREAS, notwithstanding the findings of the Intersection Alternative Analysis, the parties to this agreement recognize that the establishment of a roundabout to serve a relatively high volume of traffic at the Intersection poses certain risks, including the risk of accidents, the risk of public rejection of the roundabout and the risk of potential failure to maintain at least a Level of Service "D" (for which the defmition is established by the American Association of State Highway and Transportation Officials) over the 20-year design life of the improvements-, and WHEREAS, The limits of the proposed roundabout shall include all approaches to the roundabout extending to the limits of the new construction as outlined in the plan sheets for the project, including the proposed eastbound left turn lane at 12th Street east of the roundabout into the Mulberry and Lemay Crossings, Filing 1, Lot 1 (herein referred to as the Walmart Project); and WHEREAS, CDOT has established a project identifier for the installation of the roundabout at the Intersection known as Project AQC M455-049 (hereinafter referred to as the "Project") and is willing to participate financially in the construction of the project only upon the terms and conditions as are set out in this agreement and through normal Project documentation. NOW, THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The City shall continue its presently existing contractual relationship with its consultant for the roundabout, Mr. Barry Crown of RSL, Inc., for a period of not less than three (3) years following completion of construction of the roundabout, in order to assist the City in making any geometric changes to the roundabout necessary for improving the operation of the Intersection. The operation of the Intersection and the costs for any modifications after initial construction, including the 3/4 access to 12th Street, shall be the responsibility of the City both during said three-year period and thereafter, similar to the City's operation of the present signalized Intersection. 2. In the event that the roundabout fails (as outlined in paragraph 3 below) in terms of its accident rate or its level of service within a period of ten (10) years following completion of construction of the Intersection, the City agrees to share a reasonable portion of the financial responsibility of changing the Intersection into a four-lane signalized intersection with auxiliary turn lanes (as said intersection was approved for the Walmart Project) as follows: a. If the roundabout experiences `operational failure," as described in paragraph 3 below, during the first through fifth year following completion of construction of the roundabout and its acceptance by CDOT, the City will fund one hundred percent (100%) of the design, any additional right-of-way acquisition, utilities relocations and construction of the four-lane replacement intersection that was approved as a part of the Walmart Project. The City shall submit documentation that firmly commits this additional funding for any improvements determined to be necessary due to either the inadequacy or the operational failure of the roundabout. b. If the roundabout experiences operational failure during the sixth through tenth year following the completion of its construction, the City and CDOT shall share equally the cost of design and construction of the four-lane replacement intersection (as described in (a) above), although CDOT's financial commitment shall be subject to limitations and priorities which are periodically updated through the Transportation Commission's "Project Priority Programming Process" or through the U.S. Department of Transportation's planning and programming processes. C. If the roundabout experiences operational failure after the passage of ten (10) years following completion of construction thereof, the City and CDOT shall share in the cost of design and construction of a replacement intersection through normal state and federal transportation planning processes. 3. The roundabout(excluding the%access to 12th Street)will be evaluated for success over consecutive two-year periods. The first two-year period shall not commence until after the passage of at least one (1) year following completion of construction thereof. "Operational failure" of the roundabout shall mean either (a) that the number and severity of accidents normalized on the basis of traffic exposure of this intersection is not increased above the existing State Highway 14 Corridor accident rate of 2.0 accidents per million vehicles entering the Intersection following construction of the roundabout, averaged over the aforesaid two-year period or (b) that the Intersection operates at a level of service worse than "D" during peak hours, and a delay analysis has been performed that confirms that during peak hours the four- lane signalized intersection as approved for the Walmart Project would not perform as well as the constructed roundabout is performing. The aforementioned delay analysis is to be determined through the most current British Rodel Capacity Model or Highway Capacity Manual-based software as approved by CDOT. Adjustments made by the consultant to improve flow characteristics of the roundabout will continue to be evaluated for success after implementation as a part of the aforesaid two year evaluation periods. CDOT will perform the investigations necessary for evaluations listed above. When either of the above conditions is encountered, the consultant (identified in paragraph 1 above) will be required to recommend changes which will then be implemented by the city in a timely fashion. The two-year period of evaluation shall consist of the year before a physical change is made and the year immediately after the change. If no improvements are noted after the change, the consultant will again be called in to recommend improvements. The cost of such improvements in the first 5 years shall be bome by the City. 4. The 3/4 access to 12th Street will be evaluated for failure separately from the roundabout. Evaluations will begin immediately after construction and shall be made on a yearly basis. The 12th Street access will be considered a failed condition when traffic in the left storage lane routinely backs into the eastbound through-lane, or if weaving adversely impacts eastbound traffic causing an increase in the traffic accident rate. The corrective action for failure of the 12th Street access shall be removal of the left ingress to the access and conversion to a right in/right out only access. Conversion of the access will not be done at CDOT expense and will require utilizing the CDOT access permitting process, by the City and/or others. 5. The City will provide all maintenance related to the roundabout, including signage, delineation, pavement markings, lighting, landscaping, sweeping, cleaning, snow removal and all other typical, reasonable and routine roadway maintenance functions, but not including normal scheduled overlays. 6. The City shall develop and implement an Incident Management Plan (IMP) for the roundabout and shall annually report the findings thereof to CDOT. The IMP shall be in the general form of the "Interstate 25 Incident Management Plan" dated July, 1996, and shall be submitted to CDOT for acceptance prior to completion of the roundabout construction. 7. The City shall, with reasonable technical assistance from CDOT, formulate and implement an education program regarding the operation of modem roundabouts, and this roundabout in particular. The parties believe that there will initially be a number of "citizen issues" including phone calls and letters regarding the roundabout, and the City agrees that all such contacts made with CDOT shall be forwarded to the City for timely response. 8. All financial obligations of the City arising under this agreement that are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated, budgeted or otherwise made available by the Ft. Collins City Council. 9. Financial obligations of the State arising under this agreement that are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated, budgeted or otherwise made available by the State Transportation Commission. 10. This Agreement shall be construed according to its fair meaning, and as if prepared by all parties hereto, and shall be deemed to be and contain the entire understanding and agreement between the parties hereto to the matters addressed in this Agreement. There shall be deemed to be no other terms, conditions, promises, understandings, statements, representations, expressed or implied, concerning this Agreement unless set forth in writing signed by all the parties hereto. This Agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action hereunder for any cause whatsoever. In the event that either party should waive any breach of this agreement, no such waiver shall be held or construed to be a waiver of any subsequent breach hereof. This Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. STATE OF COLORADO ATTEST: BILL OWENS, GOVERNOR By By Chief Clerk Executive Director DEPARTMENT OF TRANSPORTATION ATTEST: CITY OF FT. COLLINS, COLORADO By By City Clerk Mayor Approved as to form: By: Deputy City Attorney